Kom, 2016, vol.

V (3) : 1–18 UDC: 321.7:28-74

28-662:32
doi: 10.5937/kom1603001M
Original scientific paper

Democracy from Islamic Law Perspective

Abdulkadir Mubarak
Department of Private and Islamic Law, Faculty of Law,
University of Abuja, Nigeria

It is frequently argued that because many Muslim states are monarchies

or dictatorships or because of certain events that have taken place within
their borders, Islamic law is not compatible with democracy and democ-
racy is even neglected in the provisions of the holy Qur’an. Islamic law,
according to what can be traced in its primary sources, not only supports
democracy and people’s participation in the state affairs but even possesses
provisions in the Qur’an verses which encourage counselling and consulta-
tion and some scholars deem that to be democratic representation. Islam-
ic Law, according to the provisions of some verses from the holy Qur’an
encourages democracy but not liberal democracy like that of the western
world. The religious democracy that can go with our modern time and solve
many contemporary problems of the Muslim world is the model which was
introduced by late Ayatollah Imam Khomeini after the 1979 Islamic revo-
lution in Iran. The author in this research work concludes by showing that
the ideal democracy enshrined in the holy Qur’an, as the primary source
of Islamic law, is not liberal democracy of the western world, but rather a
religious democracy.

Keywords: Democracy, Islam, Islamic law, way of life, Shura, Caliph, the Mid-
dle East, Iran

1.0 Introduction

It is almost getting to more than half a decade that we have been witness-
ing uprisings in some Muslim states in North Africa and the Middle East,
especially now in Syria, where the so-called super powers of the western

Corresponding author: aamubarak@hotmail.com

2 A. Mubarak, Democracy from Islamic Law Perspective

world are supplying Muslims with weapons in order to topple their regime
for the establishment of democratic system to run the affairs of their state
and do away with dictatorship in the state as was the case with Tunisia, Iraq,
Libya and Egypt. There is a need to distinguish between liberal and religious
democracy and know the perspective of Islamic law on democracy so that
one can understand the game being played by the western world under the
disguise of bringing democracy to Muslim states.
One of the most important issues that critics use to confront Islamic
law with has to do with Qur’an’s perspective on Democracy, in which they
negate all sorts of compatibility between the two.
In this paper, I shall try to address the differences. But in order to just-
ly do that, it is not enough to simply look at what is happening in Muslim
countries today and ascribe it to Qur’an and Islamic law. Religion may ap-
pear to be a dominant cause but often it is not. Much happens under the
cover of religion but there are all sorts of interests, particularly political and
economic, which, being more determinative, cannot be ignored. One also
has to remember that there is no single interpretation of any religion and
one’s interpretation is deeply influenced by one’s sociopolitical inclination
and turn of mind. Contemporary forces also play an important role in the
interpretation of religion. Contemporary Islam is being interpreted in mul-
tiple ways. And the roles of history, historical forces, culture and cultural
heritage are all factors in the interpretation of religion.
It is frequently argued that because many Muslim states are monarchies1
or dictatorships2 or because of certain events that have taken place within
their borders, Islamic law is not compatible with democracy and democracy
is even neglected in the provisions of the holy Qur’an. Some would main-
tain that Islamic culture is itself a stumbling block to a democratic polity
and modernistic society and can accommodate neither. To maintain such a
position is to misunderstand not only religion, but society, history and the
operation of social forces.
In this paper I shall examine verses of the holy Qur’an and prove that
Islamic law, according to what can be traced in its primary sources, not
only supports democracy and people’s participation in the state affairs but
even possesses provisions in the Qur’an verses which encourage counsel-
ling and consultation, which some scholars deem to be democratic rep-
resentation.

1 Look at countries like the Kingdom of Saudi Arabia, which is the birth place of the Islamic
religion, Kuwait and Jordan.
2 Such as Egypt, Tunisia and Libya before the 2011 uprising that did away with the dictators
in these countries.
 Kom, 2016, vol. V (3) : 1–18 3

I therefore conclude by showing that the ideal democracy enshrined in

the holy Quran, as the primary source of Islamic law, is not liberal democra-
cy of the western world, but rather a religious democracy.

2.0 Islam as a Religion and Way of Life

Islam is not a set of rituals. It is both a religion and a perfect way of life.
For a non-Muslim, religion may be a private relationship between man and
his creator. But for a Muslim religion comprehends the whole of life. No
sphere is left in which the thoughts and deeds of a Muslim – both in his per­
sonal and public life – are inconsequential to his fate in the hereafter. This is
why Islam does not make a distinction between what is religious and what is
secular, nor does it recognise division of authority between Allah and Caesar.
In Islam, only Allah is the Law-giver, because He is the Creator. Allah
therefore owns everything. Caesar, a creature of Allah, has nothing, except
what has been entrusted to him by his Creator. Thus, all aspects of life-re-
ligious, educational, social, political, economic and legal have their legiti-
mate place in the all-inclusive system of Islam. This is why Allah calls upon
Prophet Muhammad to say:

Verily, my prayer, my sacrifice, my living and my dying are for Al-

lah, the Lord of the worlds. (Qur’an 6: 162).

This means that the whole life of man in all spheres should be an expres-
sion of complete submission to Allah, the Creator of the universe.

3.0 The Holy Qur’an: Laws and a Set of Moral Orders

The Qur’an is Allah’s word revealed to Muhammad. The language, mean-

ing, and sentence structure are all from Allah and there is no human contri-
bution to them.
The Qur’an is protected from any additions or subtractions. There is only
one version of the Qur’an in the whole Muslim world. Any distortions would
have led to variations in the different texts.
The Holy Qur’an, which provides us guidance in this regard, is Allah’s
revealed message to humankind. It contains verses pertaining to belief in
the oneness of Allah, and in the Prophet Muhammad as His last messen-
ger. It is known as the “Furqan” (discriminate), because it brings to light the
distinctions between good and evil, and truth and falsehood. The Qur’an
sheds light on ethical and moral principles, and describes how human be-
ings must conduct their affairs among themselves. The verses dealing with
4 A. Mubarak, Democracy from Islamic Law Perspective

ethical principles include issues such as interpersonal relationships, Muslim

virtues, and the mode of conduct to be adopted in social and business deal-
ings. Muslims believe that these principles are meant for the entire human
race and for people from all walks of life and socioeconomic backgrounds.
This contention has its basis in the belief that Islam is the culmination of all
of the Abrahamic faiths, and its precepts universalize the reforms introduced
by the earlier prophets. They also go a step further by making them complete
and comprehensive.
The Qur’an is a miracle and challenge. Its miraculous nature is manifest-
ed in 4 ways: linguistic, historical, futuristic, and scientific.
The Qur’an is the primary source of Shari’a (Islamic law). All other recog-
nized sources are secondary to the Qur’an and are validated by it. Knowing
the circumstances of the revelation of a verse, sabab al nuzul, helps under-
stand the ruling of the verse. Exegesis, tafsir, of the Qur’an based on personal
opinion, is to be avoided.
In the preponderant majority of situations the Qur’an only gives general
legislative foundations, and principles. Detailed or particular rulings are few
and are given for the most important aspects of the law.
Evidence from the Qur’an on legal rulings can either be definitive or
probable. A verse can have only one meaning and some verses can have
more than one meaning. The discovery of the true and intended meaning
requires special expertise in the science of exegesis of the Qur’an, tafsir al
Qur’an.
The Qur’an is very comprehensive. However, it does not provide the spe-
cifics of the majority of legal rulings. Its comprehensiveness is then in its pro-
vision of principles and methodology of the law. Specific rulings can then be
derived using the Qur’anic principles and the Qur’anic methodology.
Any discussion on Qur’anic legal rulings must take into account the phi-
losophy behind the teachings of Islam. It is important to bear in mind that in
Islam there is no dichotomy between the spiritual and the practical aspects
of human life. In the Qur’an, spiritual advice is given in conjunction with
practical advice. What a man does in his daily affairs, whether it is social,
professional or economic, has a direct bearing on his spiritual development,
and will determine his fate in the hereafter. Conversely, the spiritual devel-
opment will have a direct bearing on what he does in his daily affairs. Thus
“Amal” (action) of a believer which can be termed to be the subject-matter
of all laws laid by the holy Qur’an is an integral part of the Islamic doc-
trine. The Qur’an therefore is a book not only of religious injunctions and
beliefs, but also of laws and ethical codes, and must be viewed in totality.
The shape of the Muslim community is determined, not merely by rituals.
Religious acts such as Salat (Prayer), Saum (Fasting) and Zakat (Charity)
 Kom, 2016, vol. V (3) : 1–18 5

are considered binding on Muslims not only as a means of worship, but also
as a means of creating an environment of social harmony, cooperation and
self-discipline.

4.0 Basic Ideals of Modern Democracy

Democracy literally means rule or government by, or power of, the peo-
ple (Kirk, internet). Logically and historically implicit in this is the notion of
majority rule. Representative democracy is a form of democracy in which
the people govern indirectly, through elected representatives, rather than
directly governing themselves (ibid.).
What exactly is democracy? We must not identify democracy with ma-
jority rule. Democracy has complex demands, which certainly include vot-
ing and respect for election results, but it also requires protection of liber-
ties and freedoms, respect for legal entitlements, and guaranteeing of free
discussion and uncensored distribution of news and fair comment. Even
elections can be deeply defective if they occur without different sides getting
an adequate opportunity to present their respective cases, or without the
electorate enjoying the freedom to obtain news and to consider the views
of the competing protagonists. Democracy is a demanding system, and not
just a mechanical condition (like majority rule) taken in isolation (see: Sen
1999: 3–17).
At a minimum, a democracy is a political system in which people choose
their authoritative leaders freely from among competing groups and indi-
viduals who were not designated by the government.
Democracy in Encyclopaedia Americana is a form of government in
which major decisions of the government – or the direction of policy behind
these decisions – rests directly or indirectly on the freely given consent of
the majority of adults governed.
Democracy is a political system in which different groups are legally
entitled to compete for power and in which institutional power holders are
elected by the people and are responsible to the people (Christiano 1996: 3).
Let us focus more closely on the basic ideals of democracy. First, in a
democracy, the people rule (ibid.). Popular sovereignty implies that all mini-
mally competent adults come together as one body to make decisions about
the laws and policies that are to regulate their lives together. Each citizen
has a vote in the processes by which the decisions are made and each has
the opportunity to participate in the deliberations over what courses of ac-
tion are to be followed. Secondly, each citizen has the right to participate
as an equal. Political equality implies equality among citizens in the process
of decision-making. Thirdly, each citizen has the right to an opportunity to
6 A. Mubarak, Democracy from Islamic Law Perspective

express his or her opinions and supporting reasons to every other citizen
as well as a right and duty to hear a wide spectrum of views on subjects of
public concern. Each has a right, as well as a duty to participate in open and
fair discussion. These are the ideals of democracy (ibid.). These ideals are
partly realized in features of modern democratic societies. One-person one-
-vote is observed in the process of electing representatives to the legislative
assembly; anyone may run for election to public office; in elections, a num-
ber of political parties compete for political power by advocating alterna-
tive visions of the society; the political campaigns of candidates and parties
consist in large part in discussion and argument over the worth of these
opposing views, and everyone is permitted to have a say in this process; and
the society tolerates and often encourages vigorous debate on all issues of
public interest.

5.0 Islamic Law and Democracy; Different Views

The relationship between Islamic law and democracy is strongly debated

among people who were identified with the Islamic resurgence in the late
twentieth century and the beginning of the twenty-first. Some of these Isla-
mists believe that “democracy” is a foreign concept that has been imposed
by Westernizers and secular reformers upon Muslim societies. They often ar-
gue that the concept of popular sovereignty denies the fundamental Islamic
affirmation of the sovereignty of God and is, therefore, a form of idolatry.
People holding these views are less likely to be the ones participating in
elections. Many limit themselves to participating in intellectual debates in
the media, and others hold themselves aloof from the political dynamics of
their societies, hoping that their own isolated community will in some way
be an inspiration to a broader Muslim community. Many prominent Islam-
ic intellectuals and groups, however, argue that Islam and democracy are
compatible. Some extend the argument to affirm that under the conditions
of the contemporary world, democracy can be considered a requirement
of Islam. In these discussions, Muslim scholars bring historically important
concepts from within the Islamic tradition together with the basic concepts
of democracy as understood in the Qur’an.
The holy Qur’an lays emphasis on what it calls shura (consultation) (3: 159;
42: 38). Even the messenger of Allah is required to consult his people in world-
ly matters and Muslims are required to consult each other in their secular
affairs. Now, it is true that such consultation and modern day representative
democracy may not be exactly similar. However, the idea of modern democ-
racy and the Qur’anic injunction to consult people may be the same in spirit.
New institutions are continually developing and human societies, depending
 Kom, 2016, vol. V (3) : 1–18 7

on their worldly experiences, continually changing and refining these institu-

tions. The Qur’anic text not only gives us the concept of shura (consultation)
but also contains no ideas of dictatorship and authoritarianism.
Some commentators try to use the Qur’anic verse 4: 59 to justify obe-
dience to any kind of authority including a monarch, or a military dictator.
This is certainly not the spirit of the verse. One has to see it in its historical
context. The verse is addressed to Bedouins who were nomads and were not
used to submitting to any authority. The Prophet sent his representatives to
these Bedouin tribes and they refused to follow his instructions. The verse
exhorted them to obey these authorities. It cannot be used to justify sub-
mission to illegitimately constituted authority. And, if read in conjunction
with the verses 3: 159 and 42: 38, it implies strongly that one has to submit
to properly and democratically constituted authority. Authority has to be
legitimate and properly constituted.
In the contemporary world the concept of shura should mean demo-
cratic process and the constitution of proper democratic institutions – for
which elections are a necessary requirement. In Islam no authority forcibly
constituted, or acquired by power of swords or arms, can have any legiti-
macy whatsoever. The institution of monarchy or military dictatorship did
not exist during the time of the Prophet. They are subsequent developments
and were legitimized by the ‘Ulama in order to prevent anarchy. Thus, the
‘Ulama conferred some legitimacy on monarchy, not in the light of Islamic
teachings but only to prevent anarchy. Some of them also became part of
the power structure but their pronouncements had no Islamic legitimacy.
One sees this today in most Islamic countries. The ‘Ulama in Saudi Arabia
are very much part of the monarchical power structure and legitimize ev-
erything the Saudi rulers do.
Thus the absence of democracy in some Muslim countries is by no
means on account of Islamic teachings or the incompatibility of democracy
with Islamic law but due to a host of factors: political, historical and cultural.
The imperialist powers, first of Europe and then of the United States, have
also played their role. The early Islamic democracy breathed its last within
thirty years of the Holy Prophet’s death. The institution of monarchy crept
in under Roman influence. It is important to note that the capital of Islam
had shifted from Medina to Kufa in Iraq and then to Damascus in Syria,
once part of the Roman Empire. Mu‘awiyah who seized power without the
consent of the Muslims operated from Damascus and adopted Roman mo-
narchical ways. Thus deeper historical and cultural influences must be taken
into account in order to understand the political institutions in many Mus-
lim countries today. American and British interests also play their role in
shaping the power structures in these countries. In many Islamic countries,
8 A. Mubarak, Democracy from Islamic Law Perspective

including Saudi Arabia and Egypt1, there is a deep longing among the people
for democracy and popular government but these countries are frustrated
by the heavy hand of authoritarian rule. It is not Islam that stands in the way
of establishing democracy in these countries. It is powerful vested interests
– both internal and external – that are preventing democracy from being
established in the modern world.
Advocates of Islamic democracy argue that the Oneness of God re-
quires some form of democratic system; conservatives contend that the
idea of the sovereignty of the people contradicts the sovereignty of God;
often the alternative then becomes a form of a monarchical system. The
response to this is an affirmation of Tawhid, as expressed by a Sudanese
intellectual, Abdulwahab El-Affendi, “No Muslim questions the sovereign-
ty of God or the rule of the Islamic legal path” (Espozito & Voll, internet).
However, most Muslims do (and did) have misgivings about any claims by
one person that he is sovereign. The sovereignty of one man contradicts
the sovereignty of God, for all men are equal in front of God. Blind obe-
dience to one-man rule is contrary to Islam.” In this way, it is argued that
the doctrine of Tawhid (oneness of Allah) virtually requires a democratic
system because humans are all created equal and any system that denies
that equality is not Islamic.

5.1 Incompatibility of Islamic Law with Democracy

Some are of the opinion that Islamic law (embodied in the Qur’an)
is absolutely incompatible with democracy. They maintain that Islam is a
theocratic system with Allah alone at its head. Allah’s law is interpreted by
a ruling body of clerics (ibid.). So there is no room for a secular political
system in which all people are treated as equals. The flag bearers of the
aforementioned opinion cite many verses of the holy Quran to support
their opinion.

It is not fitting for a Believer, man or woman, when a matter has

been decided by Allah and His Messenger to have any option about
their decision. (33: 36)

1 As for Egypt, the wind of democracy is blowing after the last uprising which did away with
Hosni Mubarak’s regime and brought an end to his dictatorship. The Egyptian people , after
Hosni Mubarak, elected representatives for their national parliament, and conducted
presidential election in May 2012 which for the first time in Egyptian history, paved way for
democratic rule to be established in Egypt. The dictator was sentenced to life imprisonment
by an Egyptian court, even though after some months the democratically elected president
was over throne and arrested by the Egyptian military, in a well-planned coup.
 Kom, 2016, vol. V (3) : 1–18 9

What! Do those who seek after evil ways thing that We shall hold
them equal with those who believe and do righteous deeds – that
equal will be their life and their death? Ill is the judgment that they
make. (45: 21)1

Are those who know equal to those who know not? (33: 9)
And never will Allah grant to the unbelievers a way (to triumphs)
over the believers. (4: 141)2

Might (power) belongs to Allah and to His Messenger and to the

believers. (63: 8)3

So judge between them by that which Allah hath revealed, and fol-
low not their desires, but beware of them last they seduce thee from
some part of that which Allah hath revealed unto thee. (5: 49)4

Not your desires, nor those of the People of the Book (can prevail):
whoever works evil, will be requited accordingly. Nor will he find,
besides Allah, any protector or helper. (4: 123)

5.1.1 Shura: A Representative Democracy?

Some Muslims say that Islam requires that absolutely all decisions made
by and for Muslim societies should be made by shura. To some, this means
that Islam enjoins Representative Democracy. This belief is characteristic of
Liberal movements within Islam.
There are a number of specific concepts that Muslims cite when they
explain the relationship between Islam and democracy. In the Qur’an, the
righteous are described as those people who, among other things, manage
their affairs through “mutual consultation” or shura (42: 38). This is expand-
ed through traditions of the Prophet and the sayings and actions of the
early leaders of the Muslim community to mean that it is obligatory for
Muslims in managing their political affairs to engage in mutual consultation.

1 Unbelievers are not equal to Muslims.  This is dutifully reflected in Islamic law.
2 This is at odds with democracy, which allows anyone to serve in a position of power over
others regardless of religious belief.
3 Not to anyone else.
4 Allah’s Qur’an takes priority over the desires of the people.  A democratic nation is by
nature one that is not governed by Islamic law, meaning that a Muslim citizen would have
divided loyalty.  It’s clear from this verse which side he must choose.
10 A. Mubarak, Democracy from Islamic Law Perspective

Contemporary Muslim thinkers ranging from relatively conservative Isla-

mists to more liberal modernists to Shiite activists emphasize the impor-
tance of consultation. There would be little disagreement with the view of
Ayatollah Baqir al-Sadr, the Iraqi Shiite leader who was martyred by Sad­
dam Hussein in 1980, who said that in Islamic Political System, the people
“have a general right to dispose of their affairs on the basis of the principle
of consultation.”

5.1.1.1 Shura In the Holy Qur’an

The 42nd chapter of the holy Qur’an is named Shura. Verse 38 suggests
that shura is praiseworthy but does not indicate whether or not it is manda-
tory, or who should be consulted. It says:

Those who hearken to their Lord, and establish regular Prayer; who
(conduct) their affairs by mutual consultation; who spend out of
what We bestow on them for Sustenance [are praised] (42: 38)

The 159th verse of 3rd chapter of the holy Qur’an orders Prophet Muham-
mad to consult with believers. The verse makes a direct reference to those
(Muslims) who disobeyed him, indicating ordinary, fallible Muslims should
be consulted. It says:

Thus it is due to mercy from Allah that you deal with them gently,
and had you been rough, hard hearted, they would certainly have
dispersed from around you; pardon them therefore and ask par-
don for them, and take counsel with them in the affair; so when
you have decided, then place your trust in Allah; surely Allah loves
those who put their trust in Him. (3: 159)

5.1.1.2 Choosing the First Caliph by Shura

Arguments over shura begin with the debate over the succession to
Prophet Muhammad. When the prophet of Islam died in 632 CE, a tumul-
tuous meeting at a place called Saqifah selected Abubakar as his successor.
This meeting was not held in a full democratic way because some prominent
companions of the prophet did not attend the gathering (Shura, internet).
Sunni Muslims believe that shura is recommended in the Qur’an (though
some classical jurists maintained it is obligatory), Islam’s holy book, and by
numerous hadith, or oral traditions of the sayings and doings of Prophet
Muhammad and his companions. They say that most of the first four Ca-
 Kom, 2016, vol. V (3) : 1–18 11

liphs, or successors to Prophet Muhammad, whom they call the Four Right-
ly-guided Caliphs, were chosen by shura.
Shi’a Muslims believe that Prophet Muhammad had clearly indicated
that Ali was his divinely-appointed infallible successor regardless of shura,
a recommendation that was ignored by the first three caliphs. Shi’a do not
stress the role of shura in choosing leaders, but believe that the divine vice-
gerent is chosen by God, or Allah, from the lineage of Prophet Muhammad’s
progeny (Ahlul-Bayt).
Sundry later caliphs had anything but nominal control over the many Is-
lamic states, and none was chosen by shura; all reached power by inheritance
or by might.1 The Muslim clergy counselled submission to rulers as long as
they were Muslims but also stressed the duty of the ruler to rule by shura.
They based this recommendation on the passages from the Qur’an mentioned
above. The verses indicate that shura is praiseworthy but do not indicate who
should be consulted, what they should be consulted about, or whether the rul-
er or the shura should prevail in the event the two do not agree.

5.1.1.3 The Concept of “Caliph” as Model of Islamic Democracy

Another basic concept in the development of Islamic democracy is “ca-

liph.” In contemporary discussions, traditional political usage of the term
caliph has been redefined. Historically the term caliph was used as the title
of those who ruled the medieval Muslim empire. When medieval Muslim
political philosophers spoke of the institutions of caliph rule, the caliphate,
they were analyzing the political institution of the successors to the Prophet
Muhammad as the leader of the Muslim community. However, this concept
of the caliphate was something that developed after the death of the Prophet.
In the Qur’an, the Arabic words for caliph (khalifah) and caliphate (kh-
ilafah) have a different meaning. These terms in the Qur’an have the more
general meaning of vicegerent and stewardship or trustee and trusteeship. In
this way, Adam, as the first human, is identified as God’s caliph or steward on
earth (Qur’an 2: 30). Prophet Muhammad is instructed to remind humans
that God made them the caliphs (stewards or trustees) of the earth in this
way, in the Qur’an, the term caliphate refers to the broad responsibilities of
humans to be the stewards of God’s creation.

5.1.1.4 Does a Majlis al-Shura Resemble a Parliament?

Many traditional Sunni Islamic Lawyers agree that to be in keeping with

Islam, a government should have a form of council of consultation or majlis
1 Process of Choosing the Leader (Caliph) of the Muslims.
12 A. Mubarak, Democracy from Islamic Law Perspective

al-shura. Al-mawardi has written that members of the majlis should satisfy
three conditions: they must be just; they must have enough knowledge to
distinguish a good caliph from a bad one, and must have sufficient wisdom
and judgment to select the best caliph. Al-Mawardi also said in emergencies
when there is no caliphate and no majlis, the people themselves should cre-
ate a majlis, select a list of candidates for caliph, then the majlis should select
from the list of candidates (Nabhani 2002: 61).
Many contemporary Muslims have compared the concept of Shura to
the principles of western parliamentary democracy. For example:
What is the shura principle in Islam? It is predicated on three basic pre-
cepts. First, that all persons in any given society are equal in human and
civil rights. Second, that public issues are best decided by majority view. And
third, that the three other principles of justice, equality and human dignity,
which constitute Islam’s moral core, … are best realized, in personal as well
as public life, under shura governance (Qutb 1973: 83–85; 1992: 3).
Other modern Muslim thinkers distance themselves from democracy.
The founder of the modern transnational Muslim party “Hizbut tahrir”,
Taqiuddin an-Nabhani, writes that Shura is important and part of “the rul-
ing structure” of the Islamic caliphate, “but not one of its pillars”. If the
caliph “neglects it” by not paying much or any attention, as happened after
the first four caliphs “he would be negligent, but the ruling system would
remain Islamic”.
This is because the shura (consultation) in Islam is for seeking the opin-
ion and not for ruling. This is contrary to the parliamentary system in de-
mocracy (Marsden 1998: 60).
A democratic parliamentary system, distinct from and inferior to the
Islamic caliphate system, was proposed by Taqiuddin an-Nabhani.
Under the “Hizbut tahrir” constitution non-Muslims may also be part of
the majlis. Though they may not serve a caliph or any other ruling official,
nor vote for these officials, they may voice “complaints in respect to unjust
acts performed by the rulers or the misapplication of Islam upon them”.
Still others, such as Sayyid Qutb, go further, arguing that an Islamic shu-
ra should advise the caliph but not elect or supervise him. In a rigorous anal-
ysis of the shura chapter of the Qur’an, Qutb noted Islam requires only that
the ruler should consult at least some of the ruled (usually the elite), with-
in the general context of God-made laws that the ruler must execute. The
Qur’an makes no mention of the ruler being chosen by the ruled, let alone
of elections with Universal suffrage, or Secret Ballots, of elected representa-
tives each representing approximately an equal number of citizens eligible
to vote, or of any other democratic governmental practices developed by the
non-Muslim West in the last couple of centuries. In 1950, Qutb denounced
 Kom, 2016, vol. V (3) : 1–18 13

democracy, saying it was already bankrupt in the West; why should it be

imported to the Middle East? (Qutb 1973: 83–85).

6.0 Democracy and Religion:

Iranian Islamic Republic Experience

The Islamic Republic of Iran introduced a new political model named

“religious democracy” – popular religious rule – which is of great impor-
tance for those who try to harmonize religion with modern institutions.
This new model, in fact, has risen as a certain and independent political
philosophy and governance method in the face of modern models. In fact,
the idea of “religious democracy” challenges thesis like “End of History” and
“End of Ideology” which regard Western democratic systems as the greatest
human work and man’s absolute fate in social-political arena and introduce
the modern age as an end to the role of religion and ideology in public parts
of human life. This writing tries to answer questions about the theoreti-
cal principals of this political model as well as characteristics of religious
democracy in post-revolution Iran. To answer such issues we first explore
different views about the relationship between religion and democracy as a
theoretical debate. So democracy needs a complementary political culture
to be stabilized. In order to have a stabilized democracy in religious nations
we need a relationship between democracy and religion. Democracy needed
connection to traditions and culture of that nation so in religious nations we
should speak of religious democracy while in liberal nations, liberal democ-
racy is defined. Thus what sets differences among democracies is the cultural
background where democracy is founded. Since liberal democracy is framed
by liberal values. And any action challenging these values is not acceptable,
then religious democracy will be framed by religion and the governing val-
ues would define differences among these two democracies. Hence religious
democracy, due to its roots in religious traditions, could be the proper model
for establishing popular, effective and modern governments in religious na-
tions. Post-revolution Iran tried to activate this political model.

6.1 Theoretical Principles and Characteristics

of Religious Democracy in Iran

After toppling of the Shah’s regime by the Islamic Revolution in Iran, the
debate on alternative government raised among intellectuals who mostly
circled around the kind of relation between Islam and the proper system.
While some groups spoke of popular democratic republic or Islamic dem-
ocratic republic, which was some sort of social or liberal democracy, Imam
14 A. Mubarak, Democracy from Islamic Law Perspective

Khomeini and a great part of Islamist groups defended Islamic Republic,

which in fact was a new model trying to establish relations between Islam
and democracy and its defenders, believed in the third mentioned theory
that democracy is a tool that could be used to realize national will in a reli-
gious sphere.
Imam Khomeini defended democracy as a political tool when he said
“republic, as it is everywhere regarded republic” but he emphasized that this
republic is based on constitutions which are Islamic rules. He added “when
we say republic, it means both conditions for the elected and the current
rules in Iran are based on Islam and the shape of republic is elected by peo-
ple and the republic would be as it is everywhere else”. He emphasized that
republic would be the form of governance and Islam will fill its content
which is divine rules.
In fact, he believed democracy is different from liberal democracy and
it has changed pictures through history and served different ideologies like
socialism or liberalism, so it could be a functional frame for accepted rules
and traditions of the nation it serves. So Muslims also could use democracy
to govern their people and even Islamic democracy could prove superior to
other forms and remove their shortages due to its human nature.
There are some who maintain that not only was the Islamic Republic of
Iran undemocratic but also that Imam Khomeini himself opposed the princi-
ple of democracy in his book Hokumat-e Islami: Wilayat al-Faqih (Bakhash
1990: 73), where he denied the need for any legislative body saying, “no one
has the right to legislate ... except ... the Divine Legislator”, and during the
Islamic Revolution, when he told Iranians, “Do not use this term, ’democrat-
ic’! That is the Western style.” However, it should be understood that when a
democracy is accepted to be Islamic by people, the law of Islam becomes the
democratically ratified law of that country. Iranians have ratified the consti-
tution in which the principle rules are explicitly mentioned as the rules of
Islam to which other rules should conform.
He believed the main difference between Islam and democracies is not
in Islam’s alleged inconsistency with freedom and equality but in different
views it takes toward such issues compared with materialists. Divine schools,
he said, could provide a more realistic definition for freedom and equality
due to their more comprehensive conception of human aspects while mate-
rialists defend freedom of animal aspects of human nature. Thus, the main
difference between Islamic democracy and others is in their epistemology
and worldview since liberalism in its epistemology depends on a self-de-
pendent and instrumental human mind while Islam believes the mind and
revelation in cooperation could provide the correct concept of truth for hu-
mankind. Liberalism, also, is humanist and materialist in its worldview while
 Kom, 2016, vol. V (3) : 1–18 15

Islam circles around theism and afterlife. Meanwhile in anthropology, liber-

alism only thinks of a person’s natural needs where Islam also thinks of his
spiritual happiness. Thus liberal democracy works inside human desires and
cravings while Islamic democracy works inside divine rules which are based
on material and spiritual needs together, designed for human perfection.
The second main difference in Islamic democracy could be its higher goals
(like human happiness and human making) while liberal democracy has no
higher goal and is a kind of struggle to keep the current situation.
Religious democracy – popular religious rule – founded on these theo-
retical assumptions in Iran has the following characteristics:

(1) Public acceptance of founding the religious political system

In the aftermath of the Islamic Revolution in Iran, Imam Khomeini in-

sisted on holding a referendum on the foundation of the Islamic Republic.
The Iranian public decided with a 98% majority for the religious political
system.

(2) Public acceptance of Constitution

based on observing Islamic rules

Imam Khomeini ordered fast ratification by public representatives and

then the Constitution was ratified by the majority of Iranians in a direct ref-
erendum. The Constitution insisted on Islamic rules in governing the nation
with dependence on public voice. Based on this constitution, a person who
is knowledgeable and capable of executing Islamic Law (Fiqh) is elected by
the public as the Leader. Thus the public elects the Leader, and also elects the
president and representatives.

(3) Emphasis on equal and free political participation

As per the right for equal and free political participation provided in the
Constitution, women and religious minorities have an equal and even out-
standing position in this system. Minorities have more representatives com-
pared with their small population. Women have important and equal role in
legislation and despite some traditional problems, statistics show a growth
in political and social participation of women in post-revolution Iran where
some jurisprudential rules have paved the way. Meanwhile, Iran has gained
an outstanding position among many countries for over 30 elections for
president, parliament and members of the Experts Council of Leadership as
well as local elections, over the past 36 years.
16 A. Mubarak, Democracy from Islamic Law Perspective

(4) Supervisory Mechanisms

Supervision over power is among the main characteristics in this de-

mocracy which enjoys internal mechanisms like virtue of authorities beside
powerful external mechanisms like supervisory organizations, press, politi-
cal parties, and civil institutions which have grown after the Islamic Revolu-
tion as different channels and freely criticize the government.

(5) Relation between Religious Law and voice of majority

Since ruling is only for God, the question is how to avoid contradiction
with the principle of legislation by public representatives? The answer in Iran’s
Islamic Republic is that regulations approved by representatives are further
discussed by Jurisprudents in the Guardian Council for any inconsistency
with Islamic rules. Thus in fields with no clear religious rule, including a vast
part of issues, the voice of majority and reasoning by experts plays an import-
ant role and additionally the Shiite jurisprudential rules which are based on
rational reasoning (ijtihad), primary and secondary rules, time and location
can reason new rules with high flexibilities. All mentioned factors provide the
Islamic democracy with great power to come over modern issues.
Imam Khomeini argued that in the absence of the Hidden Imam and
other divinely-appointed figures (in whom ultimate political authority rests),
Muslims have not only the right, but also the obligation, to establish an “Is-
lamic state”. To that end they must turn to scholars of Islamic law who are
qualified to interpret the Qur’an and the writings of the imams. Imam Kho-
meini distinguishes between Conventional Fiqhand Dynamic Fiqh, which he
believes to also be necessary.
He divided the Islamic commandments or Qur’an into three branches:

1– The primary commandments

2– The secondary commandments
3– The state commandments

The last one includes all commandments which relate to public affairs,
such as constitutions, social security, insurance, bank, labour law, taxation,
elections, congress etc. Some of these codes may not strictly or implicitly
pointed out in the Qur’an and generally in the Sunnah, but should not vi-
olate any of the two, unless there is a collision of rules in which the more
important one is given preference (an apparent, but not inherent, violation
of a rule). Therefore, Imam Khomeini emphasized that the (elected) Islamic
state has absolute right to enact state commandments, even if it (appears as if
 Kom, 2016, vol. V (3) : 1–18 17

it) violates the primary or secondary commandments of Islam. This should

happen when a more important primary or secondary commandment is in
danger because of some limitations.
For example an (elected) Islamic state can ratify (according to some con-
stitutions) mandatory insurance of employees to all employers being Mus-
lim or not even if it violates mutual consent between them. This shows the
compatibility of Islam with modern forms of social codes for present and
future life, as various countries and nations may have different kinds of con-
stitutions now and may have new ones in future.

Conclusion

Democracy in its contemporary perception can be divided into liberal

and religious democracy. The former, because of some issues related to it,
which directly or indirectly negate absolute authority of the creator on his
creation in terms of leadership, governance, political freedom, etc. is not
encouraged by Islamic law.
Islamic Law, according to the provisions of some verses from the holy
Qur’an encourages democracy but not liberal democracy like that of the
western world. The religious democracy that can go with our modern time
and solve many contemporary problems of the Muslim world is the mod-
el which was introduced by late Ayatollah Imam Khomeini after the 1979
Islamic revolution in Iran. The Iranian religious democracy, in general, is
based on an instrumental and methodological view towards democracy. The
main claim in religious democracy is to establish a government based on
majority religious values because It believes that democracy is stable only
when reaches out of political borders to become an inner part of individual
and social life. This would happen in Islamic societies only when democracy
is rooted in Islamic traditions and customs. In other words observing the
cultural situation and realities in Islamic societies, the best and most stable
democracy is religious democracy.

Received: September 29th, 2016

Accepted: October 21st, 2016

Refrences

The Holy Qur’an.

Bakhash, Shaul (1990), The Rain of the Ayatollahs: Iran and the Islamic Revolu-
tion, New York, Basic Books.
18 A. Mubarak, Democracy from Islamic Law Perspective

Christiano, Thomas (1996), The Rule of Many: Fundamental Issues in Democratic

Theory, Boulder, Westview.
Espozito, John L. & Voll, John O., “Islam and Democracy” (internet), available on
the following address: https://www.neh.gov/humanities/2001/novemberde-
cember/feature/islam-and-democracy (visited on September 18th).
Krik, Jeremy, “Constitutional implications from representative democracy” (in-
ternet), available on the following address: www.law.anu.au/publications (visit­
ed on September 15th).
Marsden, Peter (1998), The Taliban: War, Religion and the New Order in Afghani-
stan (Politics of Contemporary Asia), London & New York, Zed Books.
Nabhani, Taqiuddin (2002), The System of Islam (Nidham ul Islam), London,
Al-Khilafa Publications.
Qutb, Sayyid (1973), Tafsir Surat al-Shura, Beirut, American University of Bierut.
Qutb, Sayyid (1992), Ma’alim fi at-tariq, Beirut, American University of Beirut.
Sen, Amratya (1999), “Democracy as a Universal Value”, Journal of Democracy
10 (3): 3–17.
“Shura” (internet), available on the following address: https://en.wikipedia.org/
wiki/Shura (visited on September 18th).